Citation Nr: 0102292
Decision Date: 01/26/01 Archive Date: 01/31/01
DOCKET NO. 00-00 314 ) DATE
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On appeal from the
Department of Veterans Affairs Regional Office in Reno,
Nevada
THE ISSUES
1. Entitlement to an increased original rating for a
service-connected gout disorder, currently rated 10 percent
disabling.
2. Entitlement to an increased (compensable) original rating
for service-connected bilateral hearing loss.
REPRESENTATION
Appellant represented by: AMVETS
WITNESS AT HEARING ON APPEAL
Appellant
ATTORNEY FOR THE BOARD
T. L. Douglas, Counsel
INTRODUCTION
The veteran served on active duty from May 1947 to May 1951
and from August 1952 to June 1987.
This matter comes before the Board of Veterans' Appeals
(Board) on appeal from a September 1999 rating decision by
the Reno, Nevada, Regional Office (RO) of the Department of
Veterans Affairs (VA).
FINDINGS OF FACT
1. The veteran in this case served on active duty from May
1947 to May 1951 and from August 1952 to June 1987.
2. On January 10, 2001, the Board was notified by the RO
that the veteran died on December [redacted], 2000.
CONCLUSION OF LAW
Because of the death of the veteran, the Board has no
jurisdiction to adjudicate the merits of this claim. 38
U.S.C.A. § 7104(a) (West Supp. 2000); 38 C.F.R. § 20.1302
(2000).
REASONS AND BASES FOR FINDINGS AND CONCLUSION
Unfortunately, the veteran died during the pendency of the
appeal. As a matter of law, veterans' claims do not survive
their deaths. Zevalkink v. Brown, 102 F.3d 1236, 1243-44
(Fed. Cir. 1996); Smith v. Brown, 10 Vet. App. 330, 333-34
(1997); Landicho v. Brown, 7 Vet. App. 42, 47 (1994). This
appeal on the merits has become moot by virtue of the death
of the veteran and must be dismissed for lack of
jurisdiction. See 38 U.S.C.A. § 7104(a) (West Supp. 2000);
38 C.F.R. § 20.1302 (2000).
In reaching this determination, the Board intimates no
opinion as to the merits of this appeal or to any derivative
claim brought by a survivor of the veteran. 38 C.F.R.
§ 20.1106 (2000).
ORDER
The appeal is dismissed.
A. BRYANT
Member, Board of Veterans' Appeals